The State of Vatican City
Total Page:16
File Type:pdf, Size:1020Kb
Bettwy, Sheehan: United States Recognition Policy: The State of Vatican City UNITED STATES RECOGNITION POLICY: THE STATE OF VATICAN CITY SAMUEL W. BETTWY* MICHAEL K. SHEEHAN** While States and international organizations have the right to engage in international politics,' "the Pope has no such right; he has no business in international law."' Seemingly oblivious to this fact, the Pontiff dictates papal encyclicals which are read to this country's fifty million Catholics every Sunday. His visits to the United States are accompanied with the pomp and ceremony befit- ting royalty. Presidents, kings, and dictators of all religious faiths seek his counsel. Perhaps the Pope has no right to engage in inter- national politics, but he has defied all attempts to prevent the exer- cise of his power3 to make policy in any country where Catholics live.' Since the creation of the State of Vatican City (hereinafter Vatican City) and the fulfillment of the Roman Catholic Church's desire to have a place all its own on Earth,5 a temporal twist has * Attorney, State Bar of California; B.A. Economics, Pomona College; J.D., Califor- nia Western School of Law. ** A.B. Education, Harris Stowe State College; J.D., California Western School of Law. I. "lAipart from the League of Nations, States only and exclusively are International Persons." I L. OPPENHEIM, INTERNATIONAL LAW 278 (4Lh ed. McNair 1928). Today inter- national personality is recognized in other international organizations. See generally Kunz, The Status of the Holy See in InternationalLaw, 46 AM. J. INT'L L. 308 (1952). 2. Interview with Professor S. Houston Lay (February 1980). See also Lateran Treaty, reprintedin III A. PEASLEE, CONSTITUTIONS OF THE WORLD 1187 (3d rev. ed. 1968) [herein- after cited as Lateran Treaty]. Article 24 reads: The Holy See, so far as concerns the sovereignty belonging to it in the international domain, declares that it wishes to remain and will remain removed from the tempo- ral competitions among other States and from international meetings convoked with such a purpose, unless the parties to a dispute make a unanimous appeal to its mission of peace, reserving to itself, however, the right to assert in every case its moral and spiritual power. 3. Id. "The Pope is not a conventional governmental or political leader." 125 CONG. REC. H8876 (1979) (statement of Hon. Peter Rodino). 4. See 125 CONG. REC. S 13989 (1979) on the visit of Pope John Paul II to Poland: "He braved threats of violence against himself to carry on his sacred mission of peace and jus- tice." See also note 79 infra, and accompanying text. 5. "One is a non-territorial institution, and the other a state." R. GRAHAM, VATICAN DIPLOMACY - A STUDY OF CHURCH AND STATE ON THE INTERNATIONAL PLAIN 202 (1959). Published by CWSL Scholarly Commons, 1 California Western International Law Journal, Vol. 11, No. 1 [], Art. 2 CALIFORNIA WESTERN INTERNATIONAL LAW JOURNAL Vol. I I been added to the continuing confusion over the international per- sonality of the Holy See.6 Before 1870 the Catholic Church en- joyed territorial existence in the Papal States located in Central Italy.7 When the Kingdom of Italy acquired the last of the Papal States in 1870,8 the Catholic Church became a "government in ex- ile"; the Pope was allowed to sit in Rome, but only at the pleasure of the Italian government.9 This interim period of nonterritorial existence was ended on February 11, 1929, when Italy and Vatican City entered into the Lateran Treaty,'0 whereby the Holy See reac- quired territory in Rome, and Vatican City became a State in- dependent of Italy." Although Vatican City is considered to be a sovereign State by many nations, including the United States, 12 something more than exclusive dominion over territory is needed to be a recognized State under international law. Territory, population, and government must all exist concurrently. 13 Additionally, there are nonobjective political elements involved; there must be "recognition" of a State Only then does a State come to life, able to offi- by other States. 14 cially conduct affairs in the international community. In 1848 President Polk sent a chargib d'affaires to the Papal States after much debate in Congress on an appropriation for that purpose. 5 The charg~ship was terminated when appropriations were discontinued in 1868, and when President Grant, in 1871, 6. On the international personality of the Holy See, apart from Vatican City or the former Papal States, see generally Farran, The Sovereign Order of Malta in International Law, 3 INT'L & COMP. L.Q. 217 (1954); Cumbo, he Holy See andInternationalLaw, 2 INT'L L.Q. 603 (1948); Kunz, supra note 1. 7. DEPARTMENT OF STATE, COUNTIES OF THE WORLD 1061 (5th ed. 1979) [hereinaf- ter cited as Background Notes]. The Papal States were comprised of Romagna, the Marches, Umbria, and Rome, bounded on the north by the Lombardo - Venetian Kingdom, on the east by the Kingdom of Naples, on the southwest by the Mediterranean Sea, and on the west by Tuscany and the Duchy of Modena. The last of these States was annexed to the Kingdom of Italy in 1870. Id; VIII COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS 1789-1908, at 167 (J.D. Richardson ed. 1909). 8. Background Notes, supra note 7, at 1061. 9. Id. 10. Id.; Lateran Treaty, supra note 2. 11. Background Notes, supra note 7, at 1061. 12. See notes 50-51 infra. 13. See notes 18-31 infra, and accompanying text. 14. See OPPENHEIM, supra note 1, at 143, 145. According to Article 10 of the Charter of the Organization of American States, when there is de jure recognition, both nations accept "all the rights and duties that international law prescribes for the two States." 2 U.S.T. 2394, 2419, T.I.A.S. No. 2361, 119 U.N.T.S. 49, 54. 15. See CONG. GLOBE, 30th Cong., 1st Sess. app. 403-10 (1848). https://scholarlycommons.law.cwsl.edu/cwilj/vol11/iss1/2 2 Bettwy, Sheehan: United States Recognition Policy: The State of Vatican City VATICAN CITY RECOGNITION formally recognized that the Papal States ceased to exist.' 6 Since the creation of Vatican City in 1929, the government of the United States has authorized no diplomatic relations with that State's gov- ernment.' 7 Thus, the purpose of this study is twofold: first, to ex- amine the extent to which the United States does recognize Vatican City and second, to consider why the United States has not com- pletely normalized relations with Vatican City. The first section of this study examines the international law definitions of Statehood, dejure recognition, and defacto recogni- tion and shows how Vatican City falls within those definitions with respect to United States practice. The second section presents the traditional explanations for the unwillingness of the United States to formally recognize Vatican City. The study then concludes by explaining why Vatican City may soon be formally recognized by the United States. I. RECOGNITION UNDER INTERNATIONAL LAW .4. Statehood It is well established that States are the only subjects of inter- national law. 8 Classification as a State requires territory, popula- tion living within that territory, and a government that exclusively controls the affairs of those people in the territory.' 9 Vatican City satisfies the territorial requirement; it occupies 108.7 acres (forty- four hectares) of land2" situated entirely within the borders of Italy.2 The exclusive ownership of Vatican City by the Holy See is 16. VIII COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS 1789-1908, at 167 (J.D. Richardson ed. 1909). 17. Presidents since Franklin D. Roosevelt have appointed personal representatives to the Pope as head of the Catholic Church, but none have authorized a representative to the Pope as a head of State. See note 34 infra; Background Notes, supra note 7, at 1063; see also text accompanying note 41 infra. 18. "It must be admitted that only States can contribute to the formation of interna- tional law as an objective body of rules - States as international entities which are territori- ally identifiable." Nanni and Others v. Pace and the Sovereign Order of Malta, Ct. of Cessation, Italy, Decision affirming an order for restitution to the Order, March 13, 1935 [1935-1937] 2 Ann. Dig. 2, 4-6, reprinted in I M. WHITEMAN, DIGEST OF INTERNATIONAL LAW 42 (1963). 19. Ireland lists the common attributes, as to internal affairs, territory, population, flag, coinage, communication, police, taxation, and civil and criminal legislation, and, as to exter- nal affairs, international representation and action. He examines each of these for Vatican City. Ireland, The State of the City of the Vatican, 27 AM. J. INT'L L. 271, 273 (1933). 20. Lateran Treaty, supra note 2, at 1186; Background Notes, supra note 7, at 1061. 21. Background Notes, supra note 7, at 1061. Lateran Treaty, supra note 2, art. 6 (Italy agrees to build a railway station in Vatican City to communicate with the railways of Italy Published by CWSL Scholarly Commons, 3 California Western International Law Journal, Vol. 11, No. 1 [], Art. 2 CALIFORNIA WESTERN INTERNATIONAL LAW JOURNAL Vol. I11 assured in the Lateran Treaty,22 which reads in pertinent part: Art. 2. Italy recognizes the sovereignty of the Holy See in the international domain ... Art. 3. Italy recognizes that the Holy See has full owner- ship, exclusive and absolute power, and sovereign jurisdiction over the Vatican, Art. 24. [T]he City of the Vatican shall always and in every case be considered as neutral and inviolable territory.2 3 The requirement of a population is also satisfied - about one thousand people 24 live as citizens in Vatican City.